Florida Statute 817.06 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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817.06 Misleading advertisements prohibited; penalty.—

(1) No person, persons, association, copartnership, or institution shall, with intent to offer or sell or in anywise dispose of merchandise, securities, certificates, diplomas, documents, or other credentials purporting to reflect proficiency in any trade, skill, profession, credits for academic achievement, service or anything offered by such person, persons, association, copartnership, corporation, or institution directly or indirectly, to the public, for sale or distribution or issuance, or with intent to increase the consumption or use thereof, or with intent to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or any interest therein, or ownership thereof, knowingly or intentionally make, publish, disseminate, circulate or place before the public, or cause, directly or indirectly, to be made, published, disseminated or circulated or placed before the public in this state in a newspaper or other publication or in the form of a book, notice, handbill, poster, bill, circular, pamphlet or letter or in any other way, an advertisement of any sort regarding such certificate, diploma, document, credential, academic credits, merchandise, security, service or anything so offered to the public, which advertisement contains any assertion, representation or statement which is untrue, deceptive, or misleading.

(2) Any person, persons, association, copartnership, corporation, or institution found guilty of a violation of subsection (1) shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—ss. 1, 2, ch. 11827, 1927; CGL 7311, 7312; ss. 1, 2, ch. 57-410; s. 846, ch. 71-136.

Note.—Former s. 817.07.

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Amendments to 817.06

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 817.06

Level: Degree
Misdemeanor/Felony: First/Second/Third

S817.06 - FRAUD - MISLEADING UNTRUE DECEPTIVE ADVERTISEMENTS - M: S

Cases Citing Statute 817.06

Total Results: 3 | Sort by: Relevance | Newest First

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Transamerica Corp. v. Moniker Online Servs., LLC, 672 F. Supp. 2d 1353 (S.D. Fla. 2009).

Cited 3 times | Published | District Court, S.D. Florida | 2009 U.S. Dist. LEXIS 114973, 2009 WL 4715853

...X, Florida Dilution under Florida Statute § 495.151 by all Defendants; Count XI, violation of the Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), Fla. Stat. § 501.204(1); and Count XII, Florida Statutory False Advertising, Fla. Stat. § 817.06 and §§ 817.40-47 by all Defendants....

...Because Transamerica alleges the Defendants are acting as registrants as well as registrars, the immunity does not apply under the ACPA, nor does it bar Transamerica's claim under the FDUTPA. 3. False Advertising Finally, Defendants argue that Transamerica's claim of false advertising under Florida Statute Section 817.06 fails. Defendants maintain that in order to state a claim under section 817.06, Transamerica would have to show that "the Moniker Defendants intended to offer for sale or otherwise dispose of `merchandise, securities, certificates, diplomas, documents, or other credentials purporting to reflect proficiency in any trade, skill, profession, credits for academic achievement, service or anything offered by' the Moniker Defendants." ( Defendants' Mot. at 18) (quoting Fla. Stat. § 817.06). As a threshold matter, Transamerica's claim for false and misleading advertising is brought under section 817.06, as well as sections 817.40-817.47. Sections 817.40-817.47 are not as limited as section 817.06....

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State v. Bubsey, 427 So. 2d 358 (Fla. Dist. Ct. App. 1983).

Published | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19139

...Accordingly, the order of the trial court granting the motion to dismiss is reversed and this cause is remanded for further proceedings in accordance herewith. LETTS, C.J., BERANEK, J., and OWEN, WILLIAM C., Jr., Associate Judge, concur. . He was also charged with this particular violation under Section 817.06 and Section 817.-41(1), Florida Statutes (1979).

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Outten v. State, 197 So. 2d 594 (Fla. Dist. Ct. App. 1967).

Published | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 5136

not necessarily so. In 23 C.J.S. Criminal Law § 817(6) a, p. 180, it is stated: “As a general rule, in

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